End User License Agreement
Lyfe Gym Mobile App Terms of Service
October 1, 2020
Applicable Terms. Thanks for using Lyfe Gym Mobile App hereinafter referred to as Lyfe App. Lyfe App is a service provided by EEI LYFE LLC (“Lyfe”, “we” or “us”), located at 5500 Merle Hay Rd. Suite K, Johnston, IA 50531, USA. Your use of Lyfe App is subject to these Lyfe App Terms of Service. Lyfe App is a “Service”. If there is any conflict between the Google Play Terms of Service and the Lyfe App Terms of Service, the Google Play Terms of Service shall prevail.
2. Your Use of Lyfe App
Access to and Use of Content. You may use Lyfe App to browse room availability, reserve rooms, pay for rooms and access the facility and rooms within. To use Lyfe App, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software.
Updates. Lyfe App, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Such Updates may be necessary in order for you to use Lyfe App or to review, book or access rooms. By agreeing to these Terms and using Lyfe App, you agree to receive such Updates. You may be able to manage Updates to certain Content via Settings in Google Play or Apple App Store. If it is determined, however, that the Update will fix a critical security vulnerability related to the Content, the Update may be completed irrespective of your Update settings in Google Play, Apple App Store or your Device.
Unauthorized Access to Accounts. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Lyfe App.
Disabled Accounts. If EEI LYFE LLC disables access to your account in accordance with the Terms or any other reasons (for example if you violate the Terms), you may be prevented from accessing Lyfe App, your account details or any files or other Content that is stored with your account.
3. Purchases and Payments
Other Payment Processing Methods. EEI LYFE LLC may make available to you various payment processing methods in addition to current offerings to facilitate the purchase of rooms through Lyfe App. You must abide by any relevant terms and conditions or other legal agreement, whether with EEI LYFE LLC or a third party, that governs your use of a given payment processing method. EEI LYFE LLC may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on LYFE App.
Pricing. Pricing and availability of all Content displayed through Lyfe App are subject to change at any time prior to purchase and without notice.
All Sales Final. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the room reservations that you acquired through that transaction.
(a) Trials Periods and Discount Offers. You may receive access to the Lyfe Gym at no charge for a specified trial period, these offers represent no monetary value, cannot be exchanged or credited. EEI LYFE LLC reserves the right to extend or prematurely cease any promotions at its sole discretion.
4. Rights and Restrictions
License to Use Content. After completing a transaction or paying the applicable fees for room access, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to access, view, use, the room and equipment therein or as otherwise authorized as part of the Service for your personal, non-commercial use only. All rights, title and interest in EEI LYFE LLC and Content not expressly granted to you in the Terms are reserved. Your use of Lyfe App, rooms and equipment may be governed by the additional terms and conditions of the end user license agreement between you and third party providers.
Violation of License Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and EEI LYFE LLC may terminate your access to Lyfe App, room access or your Lyfe App account without refund to you.
Restrictions: You may not:
- display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
- sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any room access to any third party including with regard to any room access that you may obtain through Lyfe App.
- use room access as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution.
- attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Lyfe App or EEI LYFE LLC facilities.
Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to EEI LYFE LLC are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.
Defective Content. Once Lyfe App is available to you through your account, you should check the functionality as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect.
Limits on access on Devices. EEI LYFE LLC may from time to time place limits on the number of Devices or software applications you may use to access Content.
Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.